P. v. Diparra
Jose Luis Diparra entered a negotiated guilty plea to one count of failing to register as a sex offender (Pen. Code, 290, subd. (g)(2)) and admitted he had one prior serious/violent felony or strike conviction (Pen. Code, 667, subds. (b)-(i)). As part of the plea bargain, the prosecutor agreed to dismiss another strike conviction allegation and an allegation that he had served a prior prison term (Pen. Code, 667.5, subd. (b)), and Diparra acknowledged that as a result of the plea his probation or parole in other cases could be revoked and he could receive consecutive sentences. Diparra filed a sentencing memorandum on his own behalf in which he requested leniency based on his post traumatic stress syndrome, which resulted from his military service in the Vietnam War and the staleness of his prior sex crime, which occurred almost 25 years ago. Trial counsel also filed a motion to dismiss the prior strike conviction in the interests of justice. The court sentenced Diparra to 16 months in prison, to run concurrently with a 16-month term for a probation violation.
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